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HomeMy WebLinkAboutCOMMUNICATIONS SUPPORT5AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in eft f. 11 "7 P11 3! €4 I Return form to the Sr. Deputy Clerk of the Council (1\4-30). Call 647-52M-Yeta have "t rn I I LER1 i cov F 1{. questions. ' The agreement with &vit-Mj/ a� Ftgro ftO No.A-A9 was completed on to lak l o U and final payment has been made. Department: '14r L Signature: Ln CA J -A &, Aa Date: �1 City of SaO Ana Revised 8-7-03 Clerk of 9e Council INSURANCE ON FILL WORK MAY PROCEED UNTIL INSURANCE EXPIRES k1 -a—,Roo to CLERK OF COUNCIL DATE: I (- l7 -o S CONSULTANT AGREEMENT A-2005-263 o' peu (;Z) THIS AGREEMENT made and entered into this P day of October, 2005 by and (O 67442xs) between Communications Support Group, a sole proprietorship (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of Cable Television operations. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A and B to this Agreement. City agrees to provide office space, telephone, computer and printer, access to City e-mail, and parking. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services a total sum which shall not exceed $80,370.00 for all hours worked, travel and expenses during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on November 1, 2005 and terminate on October 31, 2006, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Parks and Recreation and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: MM Executive Director of Parks and Recreation City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 571-4200 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Communications Support Group 409 Edgewood Rd. Santa Ana, CA 92711 Telefacsimile (714) 836-6280 Attn: Katherine A. Bowers A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: La ra Sheedy Assistant City Attorney APPROVED AS TO CONTENT: h -z( e lV GERARDO MO T Executive Direct -Parks, Recreation and Community Services CITY OF SANTA ANA DAVID N. REAM City Manager CONSULTANT Tax ID# S2 3:4 K—Fln EXHIBIT A Contractor agrees to provide, at the request of the City Manager or designee, technical support to City Manager and Executive Director of the Recreation and Community Services Agency, for the City's Cable Television operations up to twenty-eight (28) hours per week, of which twelve (12) will be dedicated to development of the community bulletin board, and including but not limited to cable programming, customer service and franchise compliance/administration as follows: 1. Monitor currency and accuracy of franchise security and certificate of insurance documents provided by the Cable Operator. 2. Receive/document resolution to subscriber's complaints and respond to cable television program inquiries from City Officials and citizens. 3. Assist in providing information for and attend Santa Ana Parks and Recreation Advisory Board meetings as requested. 4. Monitor cable operator's telephone response time and report results to City. 5. Maintain databases necessary to monitor Cable Operator's compliance with City Cable Television Subscriber Protection Ordinance and franchise agreement and to provide information in response to inquiries. 6. Maintain in City Cable Office historical and current records of cable television programs, franchise agreement and related documentation. 7. Plan and coordinate programming requirements for programming shown on City Channel 3. This includes providing monthly story roll with City contact information for the City and cable operator, review of programs and story assignments. 8. Provide quality control for television programs regarding content. 9. Assist City in reviewing channel program playback for technical problems and follow- up with cable operator to correct technical issues such as channel snow, buzz, low audio, signal interference, etc. 10. Coordinate with cable operator the development of updates for show intros for cities' television programs. 11. Coordinate dub requests for city programs to provide to City staff and show participants. 12. Assist in providing information related to cable for other City departments and areas related to cable television that needs clarification, i.e., information on simulcasting in Spanish, etc. 13. Assist City with preparation for annual Mayor's State of the City report, coordinate stock footage for video presentation, attend technical testing and coordinate in field needs for television production at location of the event. Review and pre-test video - roll -ins with City team related to the event. Assist in preparation for DVD's related to the Mayor's event for CTV3 bulletin board presentation (at Pavilion location.) 14. Provide comprehensive technical performance testing of the subscriber cable and I -NET systems as set forth in Exhibit `B". This testing will be conducted during the months of July and August. 15. Prepare a comprehensive cable regulatory report documenting overall cable operator activity, performance and compliance to the franchise agreement. This report will be completed at the conclusion of the calendar year. 16. Prepare a report documenting the programming that was prepared and shown on Ch. 3 and the operator's compliance to the franchise agreement. 17. Assist in development of budget plan and possible layouts for the production of City cable television programming for development of CTV3. 18. Perform a cable rate comparison of Adelphia systems in Orange County. 19. Review and update equipment list for City Council Chambers with City video engineer for current technology related to new franchise. Assist and review design for equipment placement, integration related to television production, directing, user- friendliness, playback, master control and related television needs. 20. Attend meetings on cable related to programming development including City programming, shared programming with outside organizations, program outreach and in-house programming. 21. Assist as needed for follow-up related to I -Net changes. Arrange and follow-up City's move to a fiber connection for television master control room. 22. Prepare and maintain the City community bulletin board complete with text, photos, video and advanced graphics incorporating City information. This includes meeting with city staff and users to develop their ideas and assistance in designing appropriate material for public information dissemination. EXHIBIT B PROOF OF PERFORMANCE TESTING I. Perform a series of television signal level measurements to ascertain franchise compliance. All testing shall be coordinated and supervised by Consultant. A. Test shall be performed at the tap location under the existing conditions. B. No accommodations shall be made to allow the City to correct problems found prior to testing. C. Prior to the commencement of testing, obtain the necessary calibration certificate For all frequency/voltage sensitive equipment which will be used in the field testing from the Grantee. D. A 100' calibrated RG -59 jumper shall be used to connect the output of a Subscriber tap to the input of the measuring equipment. II. An abbreviated proof of performance check shall be completed for each of the six (6) Construction phases. A minimum of five (5) different locations per construction phase for the subscriber cable, and a total of five (5) random locations location for each of the four (4) legs of the Instititutional Network (I -NET) shall be selected and tested for compliance as set forth in the following sections. A. The following test shall be performed at the headend prior to field testing and then at all subscriber network testpoints. Vistigal carrier levels Aural carrier levels Vistiga/Aural difference (calculated) Sweep Peak -to -Valley Carrier -to -Noise Low frequency distortions ("Hum") Composite Triple Beat TASO rating of picture distortions on all channels B. The following tests shall be performed at the headend and at the field test Locations on the Institutional Network: Vistigal carrier levels Aural carrier levels Vistigal/Aural difference (calculated) Sweep Peak -to -Valley Carrier -to -Noise Low frequency distortions ("Hum") TASO rating of picture distortions on all channels (C C. The following inspections shall be made at the headend: Stand -by -carriers NET patch bays and switching bridges Stand-by power generators Radio carriage Aural levels Emergency override equipment Installation of leased access equipment Microwave and satellite receive equipment D. The following inspections shall be performed at the Grantee's office and elsewhere: Telephone answering equipment Billing, converter, and converter addressing computer equipment Parental control lock systems III. Prepare a final comprehensive report (test and summary report) following the conclusion of the performance test. A. The test report shall include a description of testing methods, testing criteria, list of locations tested, and test scores. B. The summary report ("Executive Report") shall employ graphs and charts summarizing the scores of all testpoints and make comparative analysis of the test results to the minimum standards found in the Grantee's franchise and the current CFR 47 Part 76 (FCC) Rules and Regulations. 11 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by 12 Authorized Representative 0PARKS AND RECREATION PAGE 01 3129!2005 10:08 7145714209 CSG VIREO rove ui 03123!2005 10:47 71dB360902 I -w -23 -CUBS C3;:z frail: StiVF MI!t!R 5662 E LA PALMA SUITE 206 COMPAF ANAHEIM, CA, 92807 A FARMERS .� � �. %A171ERINE BOWNS 02A L'OMMiNICATION3 SUPPORT CROUP ,tcmI'i�' C +109 MEW300 NO., X10",^ p s A.NT4 ANA, CA. 12706 1.61111111 awAM ! YrRe rile N atAMN cm I Poxv INANNIA 6IAat LL4 L RY Gifte"KNAW wo AKVAIVJ IO* 91369-68-1kO (9mr..una NAt t wa,x:uWtPca *Mme KvLhm1 CrAffuLTS" W" mm WOWTV "SW MV64111 wt -Yw, W4 fAc aA511 A, aWWW N WAD A1rai W4{1WAM1 A9rR 11"Wo 4tAt1T NeeUNuly o'.if y.,. W04%& 'Y" roAAtAscanNrA*+or are PYRANHr C:AAIu'r 12-211-20-10 APPROVED ES AFFORWNO COYRRAOS INSURANCE GROW OF COMPANIES MII= 7p 11 WIr7Nli 4.2-'005 Y -2 -?006 3-7-2005 18-7.2W15 TO [ITV OF SANTA 1.44,116 Da}{CERS. AGENTS, GNPLOTIES, REPR NAMFa AS A9aIT10NAL 1N;UREC CITY Of SANTA ANA tmwjLb MR "a aA tO CIVIC CENTER PLAZA `1.,C wawv WA BANTA ANA, CA. 937:1 LWn 1 1 RMaOnat AAWAr �S YES, AND VOLUNTEERS 03/28/2005 10:08 7145714209 PARKS AND RECREATION PAGE 02 03/23/2905 10:47 7148360902 CSG VIDEO PAUL n' rr R-23-Ew, MW frac: *-:T14876MW R.1-11 9XXWT ■ lemomet evropuy Th:a ertdonemear MW14.tes such Imurariee ar'k affardcd by the proviw or policy 4._9!} fl_ae W4tigiwfm1bli9winw, r. lite City of Ssnta Aum 20 Civic Caorar Flags, sane Collibapia 42701; ors Offkers, tinplOYew, t�U1St, velYrliMn 1111 fepftslNsltves tla frrmt� edditgMl iabMltdf ("ttidilianai ttrwrplY :with mig" to liiNf Icy mad d"Wm of will orfi m W opclehoor awl Mies 1w.4mmed by a on baholf elft non" inrurad. With napier tu+ Mms arida, our oft" ger+tistr a s pnfmrred by u: on behalf of rhe %mol fn%wM, such Insummea to in altbtded 0y vW Rol h" pdeuq aM is no add'aiwwl fo ar awrtrllr "a MIA any, adrar if%Mfmama aural brim fo bcmftm of tha dlidotW xtwtada. 3. This oamranee applies sVw*Wy to tach 1lrnlei nam whmn Haim i9 madvor wit is broaighl axcop wkh wo"t to the eoatpbttys knila of 1,60:! ly -Abe irtelamieo of any ye+av;i yr 4Aaan40ma pin lnwnd sbsN nor AMC: any flight umd h pmreon er trt�ttiZalitM wu,ld invs ay M atahrtsnr Placa to included, a With raped to ahs &MOtiOaal btwredt. Ilia ilffarllte i an W cowled.a h,yteriaNy mad�ue In eAa. mpc or t=+nits wC19r aaM thtpy 470) Iayl 'Men rfolimeher icer .W w lk City of Sena #%%%f4 Cityc Cama !lata, Sana Ana Ce nit 91701 LCOraplettoM Of tha %119wiCli, mciudina aunllfmyhatwl. It dRohr,i Effect1ve-2-2G@' --�' Pulicv 9 :ratwlto LLnT�taruf anucrt nsp_, r fu fur � Countersigned by APPROVE') AS TO FORM Assistant City Attorney lake this malwaernwrr sm a par of REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 7, 2005 TITLE: AGREEMENT WITH COMMUNICATIONS SUPPORT GROUP FOR CABLE TV CONSULTING SERVICES APPROVP Nov 0 ? 2005 As Recommended As Amended Ordinance on 1$' Reading Ordinance on 2 n Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER A-2005-263 CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Communications Support Group to provide cable television franchise consulting services for a one- year period in an amount not to exceed $80,370. DISCUSSION For the past sixteen years, the City of Santa Ana has contracted with Communications Support Group for cable television franchise consulting services. Communication Support Group has agreed to an additional one-year term with no price increase. Communications Support Group will continue to provide its standard scope of services, including technical support to cable programming, customer service, and franchise compliance and administration. In addition, a comprehensive technical performance test of the I -Net and subscriber cable systems is performed on an annual basis, and an annual cable regulatory report is prepared documenting overall cable company activity and performance. Communications Support Group will continue to maintain the community bulletin board and develop a transition plan to continue programming services on Channel 3. The consultant will also coordinate the upgrade of the City Council Chamber audio/visual equipment. The Parks, Recreation and Community Services Agency is satisfied with the quality of services that Community Support Group has provided and recommends approval of the recommended action. Agreement with Communications Support Group for Cable TV Consulting Services November 7, 2005 Page 2 FISCAL IMPACT Funds for this agreement are available in the Community Affairs contractual services account (account no. 11-232-6291). Gerardo Mouet Executive Dir ctor Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: -�Mlx[��OGn Francisco Gutierrez Executive Director Finance and Mgmt. Services Agency PRESENTATIONS Proclamation presented by MAYOR PULIDO to American Red Cross, OC Chapter for their outstanding dedication and commitment to the City of Santa Ana Special Presentation — Recruitment Efforts for the 2006 Grand Jury by Assistant Presiding Judge Elect Kim G. Dunning Proclamation presented by COUNCILMEMBER BUSTAMANTE to Bud Bolden in celebration of his 90th Birthday Certificate of Recognition presented by COUNCILMEMBER ALVAREZ to Isabel Xilonen Ortiz for her award winning drawing Certificate of Recognition presented by COUNCILMEMBER GARCIA to Bernadette Medrano for her participation in the "Extreme Makeover: Bungalow Editions" Certificates of Recognition presented by COUNCILMEMBER CHRISTY to The 2005 Youth Expo sponsors and partners for their sponsorship and participation CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: • Addition of Closed Session Report • Item 25.A pulled for public comment Items 23.A and 25 B pulled for separate discussion by Mayor Pro Tem Bist • Councilmember Alvarez recorded a "No" vote on Items 11.A, 113, 22.0 and 31.A Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Alvarez SECOND: Garcia VOTE: AYES: Alvarez, Bist, Bustamante, Christy, Garcia, Solorio. Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion. CITY COUNCIL MINUTES 2 NOVEMBER 7, 2005 $40,000 annually for a one-year term with two, one-year renewal options — Fire Department 25.D. AGMT NO. 2005-262 - FEDERAL GRANT PROGRAM CONSULTING SERVICES - With Mike Linares in an amount not to exceed $53,000 — Community Development Agency 25.E. AGMT NO. 2005-263 - CABLE TV CONSULTING SERVICES — With Communications Support Group for a one-year period in an amount not to exceed $80,370 — Parks, Recreation & Community Services Agency 25.F. AGMT NO. 2005-264 - VETERINARY SERVICES - With Dr. Lome Boldrick, DBA Quillie Acres, to for a period of one year in an amount not to exceed $35,000 — Parks, Recreation & Community Services Agency 25.G. AGMT NOS. 2005-265, 2005-266 AND 2005-267 - TEMPORARY ENGINEERING AND TECHNICAL SUPPORT SERVICES - With Project Partners, PDS Technical Services, and CDI Business Solutions for an amount not to exceed $150,000 each — Public Works Agency 25.H. AGMT NO. 2005-268 - STEAM CLEANING SIDEWALKS — Execute an amendment with TSCM Corporation in an annual amount not to exceed $260,000 — Community Development Agency LAND USE MATTERS 31.A. TENTATIVE PARCEL MAP NO. 2005-10 (COUNTY MAP NO. 2004-317) AND VARIANCE NO. 2005-14 - 2000 EAST FIRST STREET Filed by St. Jeanne de Lestonnac School, to subdivide an existing parcel into two lots and Variance No. 2005-14 for a reduction in street frontage at 2000 East First Street. Recommended action approved by the Planning Commission at its October 10, 2005 by a vote of 5-1 (Leo opposing, Lutz absent) Applicant: St. Jeanne de Lestonnac School Motion: Receive and file the staff report approving Tentative Parcel Map No. 2005-10 (County Map No. 2004-317) as conditioned and Variance No. 2005-14 as conditioned. Counciimember Alvarez voted No on Item 31.A *** END OF CONSENT CALENDAR *** CITY COUNCIL MINUTES 10 NOVEMBER 7, 2005 �ocaUon y� CHECKLIST FOR PROCESSING AGREEMENTS AND AMENDMENTS TO: CLERK OF THE COUNCIL OFFICE FROM: DEPT.: Parks Recreation & Community Services Agency MAIL STOP: 23 CONTACT PERSON: Dolores Ramos EXT.: 4274 THE FOLLOWING ITEMS SHOULD BE PROVIDED IN REQUESTING PROCESSING OF AGREEMENTS FOR THE CITY: AGREEMENT NUMBER (if amendment): A / N AMENDMENT NUMBER (if applicable): ❑ 1 sr ❑ 2N/D / ❑ 3RD ❑ COUNCIL APPROVAL DATE: AMOUNT: OVER $10,000 ❑ UNDER $10,000 NAME OF CONSULTANT: TERM OF AGREEMENT: EFFECTIVE DATE: j; y(10_TERMINATION DATE: IDI L�11 1 L) o INSURANCE REQUIRED: ❑ NO / b * YES If yes, ❑ ATTACHED ❑ IN PROGRESS ❑ AUTO ❑ CGL (Commercial General Liability) ❑ PROFESSIONAL LIABILITY ❑ WORKERS COMPENSATION (INS. APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC) SIGNATURES REQUIRED: 13 VENDOR 0 ❑ CITY ATTORNEY x OTHER �(JVLD ES�tMy' Ie , W- - FOR CLERK OFFICE USE ONLY: ❑ PROCESS ADDITIONAL REMARKS: ❑ DO NOT PROCESS ❑ MISSING SIGNATURES ❑ NEEDS COUNCIL APPROVAL 0 OTHER STL"VI; MI LLER 1451 S RIMYAU SUITE 202 CORONA, CA. 92,979 A-_-3 SURCp KATHERINE RDWI_RS DBA COMMUNICATIONS SUPPORT GROUP 409 EDGEWOOD RD, SANTA ANA, CA. 92706 THIS IS TO CERTIFY THAT NOTWITHSTANDING ANY R TiISSUED OSUCOR H 0OPOLICIES. 3/17/06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONI Y AND CONFERS 1FE�0RIGHTS ND OR ALTER THECERTIFICATE COVERAGE AFFORDED BYTHIS CTHEIPIOLI: ES BELOW AMEND, TE COMPANIES AFFORDING COVERAGE cLEOMPArrER T'rERNYp FARMERS INSURANCE GROUP OF COM ANIES COMPANY '- LCTTER B COMPANY LETTER C UOMPANY p LETTER COMPANY E, LETTER ZD ABOVE IPOR THE FH RESPECT TO WHICHLTHIS I;ERT FICAITE MADY TO ALL THE TEAMS RYn ucnue CC LT R TYPE OR INSURANCE POLICY NUMBER POLICY UPECTIVF KXICY EXPIRATION ��.,...— LIABILITY LIMIT', IN THOUSANDS 0.11E IMMIDOM� OATE (MMrOONY) GENERAL LIABILITY � Ut�A y0E AOGREGNt A XX COMPRCUENSIVF FORM BODII �PHEMIsimOUgRAnons EXPLOSIHUUNO [xvLUS10N A COLLAPSE HAZARD PROOUC;S nMPLETEO OPERATIONS— 91309-88-40 G/02/06 4/02/07 INJLPY PROPEPYY —_ DAMAGE $ ---- CONT(WOTUAL INOEPF.Nf:ENt CONTfLAC'IDRS BliPn I,COp, ! Bi & PD U ®Q A BROAD '(IPM PgoeCRTY DAMAGE _-- - PpRSONAL INJURY �OMOBILE PERSONAL INJ )RY LIAOILITY _. _ ANY AUTO ALI ownm Auras (PPIvPAssI OTHER 12311-20-10 2/07/06 8/07/06 30000A FIX ALL OVINFO AUTOS THANPRIV PAjSHIRED AOTO$ $ 60 DOD NON,UWNhU AUTOS PROPERLY LARArF I IAR4171f DAMAGa $ BI B PD I EXCESS LIAOILITY COM9w�p $ —1I UMORPL-A F,:RM I ETHER GW.N uMHRFi.I M1 FORM ii WORKtNSCOMPENSATION AND , ,. I �� RI A PD �OMBINPO V 1 —� Ta.UTOnv $ AJr $ 11 _tI. l iiLl 11 _I,,,; AC:IOFVll EMP LIApIL17Y _ T OTHER _ ( _ )I; [A3EEAt'H it A1P,o1 C7 ,' DES(RIP?ION Jr UPt FiATlON:yLCX'ATlrtvsnmwn ee mn�.:: .. ._ ... CITY OF SANTA ANA, ITS OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND VOLUNTEERS NAMED AS ADDITIONAL INSURED CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCuLLED BEFOR 20 CIV (C CENTER PLAZA PIRATION DATE THEREOF, THE ISSUING COMPANY WILT SANTA ANA, CA. 92701 MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO T LEFT,l�MAIL SUCHNOTICE ALLIMPO$E NOOSLIGnT10N OR LIABILITY OF AmE NY KING UPON , COMPANYLEY ENTS OR REPRESENTATIVES AUTHORIZED REPR ENT LVE - - —_ 4 MAF.121-2006 17:03 From:MILLER AGENCY 9512798087 To:4 R.1'1 EXHIBIT B A DTTIONAI, INSUR ' ENDORSE "V'I r'OR COMIvtE12CIi41, GENE-RALL{AB1LITYF(,L-f _p Insurance Company __ FARMcbc I N9! RANCt This crdorscnl=nt modifies such insurafice as is afforded by treprovisions of policd relatingto the fi,lluwing; L The t :Ity of' auta .Ana, 20 Civic Center plaza, Santa Ana, California officers, ertployecs, agents, volunteers and representatives are named as additional insureds Cadditicnal insureds',) with regard to babithy and defense of suits arising from the op�rntiwts and uses Pe'Ocrinerl by or on behalf of the named insured. W ith eespcct to claims arising out of the operations and uses per!nrrned by Cr ort bclmli of the nnarned insured, 2uchi insurance as is afforded by this policy is primary and is not addilin:;al to o• contributirg with any other, inso,rance carried by or for the benefit of the addi!funnlinsureds. 3. -1 his itisurance applies separately to each insured against whom claim is made, of stria is bought weep[ with ICspcct to the Corti an 's limits of liabillt , p y y '1'h_ inclusion of am P'S" or orga:rizatinn ti:. an insured shalt net affect any right which such person o, orgar:izatior wo�id i'vc as a C13i¢tant if not so included, a. Willi respect to the additional insureds, this insurance shaft not be cancelled. or nvierial!y red,iced in coverage or limits except after thirty (30) days v+rillcn notice hag been 90 e.r, to the Cit) cf Santa Ana, 20 Civic Center Plaza, Santa Ana, California 477(11. ! C'u;nphaion of the £pilot+ing, indudittel countersignature, is required to make [hie, endnrsern�ettt effective.) Hffective 4-2-2006 this endorsement frnTn as n part of Tolley � -`1309- 0 - ------ — ISslIL'l: ����CAMMUN.traT OU! cf DpT Named Insured lutho'r Countersigned by_.�"'' ,Tti -•:' � ,��_�.�--� . d Rcoresaitatii Ve